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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Wednesday, November 11, 2020

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will guide IP counsel on the impact of the EU's General Data Protection Regulation (GDPR) on domain name dispute mechanisms and access to accurate WHOIS. The panel will examine the domain name dispute process in light of reduced access to information that has been traditionally used. The panel will also discuss developing and implementing a successful domain name enforcement strategy considering the restraints of the GDPR, the reaction to it by most ICANN registrars, and potential next steps to fix the WHOIS problem.

Faculty

Jonathan Uffelman
Domain Name Specialist/Attorney
Finnegan Henderson Farabow Garrett & Dunner LLP

Mr. Uffelman practices trademark, domain name, and internet law. In particular, he works on a broad range of internet and cyber law issues, including on-line brand enforcement and the Uniform Domain-Name Dispute Resolution Policy (UDRP) proceedings. Mr. Uffelman handles a variety of on-line brand enforcement issues including gray-market goods, trademark and copyright infringement, and cybersquatting. He has successfully handled numerous UDRP cases on both the complainant and respondent side, and his practice spans a wide spectrum of industries.

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Paul D. McGrady
Miscellaneous
Rick Lane
Founder and CEO
Iggy Ventures, LLC

Mr. Lane advises and invests in technology startups and public policy initiatives that can have a positive societal impact. He served for 15 years as the Senior Vice President of Government Affairs of 21st Century Fox. Before joining Fox, Mr. Lane was the Director of Congressional Affairs focusing on e-Commerce and internet public policy issues for the U.S. Chamber of Commerce. Prior to working at the Chamber, he worked for the law firm of Weil, Gotshal & Manges where he represented clients before Congress on legislative matters affecting the technology and telecommunications industries. Mr. Lane was a member of the U.S. Trade Representative’s Joint Government-Private Sector Committee on Experts on Electronic Commerce. He also served on the FTC’s Advisory Committee on Online Access and Security and the Virginia Attorney General’s Online Safety Task Force.

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Description

The GDPR established rules regarding the control and processing of personally identifiable information. One consequence of the GDPR is that most of ICANN’s domain name registrars no longer publish the name and contact information for domain name registrants. Even though the GDPR does not apply to corporations, only natural persons, and does not apply to non-EU natural persons whose data is collected, stored, and processed outside of the EU, most of ICANN’s registrar community has decided to lump these data subjects in with the relevant EU data subjects, resulting in no access to even more crucial enforcement data.

Actual GDPR restrictions, and most of the ICANN registrar community’s overinclusion of data subjects, are problematic for brand owners and others who use the WHOIS database to identify malicious domains and research infringement claims. Although both the GDPR and overinclusion create significant obstacles for domain name enforcement, there are still options out there.

Listen as our authoritative panel examines the various rights protection mechanisms, including the Uniform Rapid Suspension (URS), Uniform Domain Name Dispute Resolution Procedure (UDRP), and the Anticybersquatting Consumer Protection Act (ACPA), and discusses the impact of the GDPR on these mechanisms. The panel will offer guidance on navigating domain name disputes and discuss strategies for developing and implementing successful domain name enforcement protocols in light of the restraints of the GDPR.

Outline

  1. Impact of GDPR on domain name dispute resolution mechanisms
  2. Navigating the domain name dispute process
  3. Domain name enforcement strategies in a GDPR world
  4. Potential next steps to fix the GDPR/WHOIS problem

Benefits

The panel will review these and other important issues:

  • What impact does the GDPR and overinclusion have on domain name disputes?
  • What alternatives do IP owners have for identifying and investigating malicious domains and infringers?
  • How do the changes ICANN has made to the WHOIS/RDDS system impact mark owners' ability to navigate the URS, UDRP, and ACPA?